- 1 - HC-KAR NC: 2026:KHC:18360 WP No. 16740 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 16740 OF 2025 (LB-BMP) BETWEEN: 1. MR. JAYARAM P. S/O PERMANANDHAN AGED ABOUT 53 YEARS RESIDING AT NO.14/1 9TH MAIN, NEAR KEB OFFICE J.C.NAGAR, BENGALURU-560 086. …PETITIONER (BY SRI. SANJAY B.K., ADVOCATE) AND: 1. THE MEDICAL OFFICER OF HEALTH MAHALAKSHMI LAYOUT WARD (WARD NO.68), MAHALAKSHMI PURAM ZONE BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) BENGALURU-560 086. 2. THE KARNATAKA STATE POLLUTION CONTROL BOARD NISARGA BHAVAN, 1ST FLOOR 7TH D MAIN, THIMMAIAH ROAD SHIVAJINAGAR, BENGALURU-560 010. REPRESENTED BY ITS ENVIRONMENTAL OFFICER. …RESPONDENTS (BY SRI. KARTHIKEYAN B.S., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18360 WP No. 16740 of 2025 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED NOTICES DATED 24.03.2025 NO.D.ªÉÊ/ªÀÄ®¥ÀÄ/¦Dgï/308/24-25 AND 21.04.2025 NO.D.ªÉÊ/ªÀÄ®¥ÀÄ/¦Dgï/16/25-26 ISSUED BY RESPONDENT NO.1 (PRODUCED AT ANNEXURES-F AND K) AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The allegation against the petitioner is that he is running a flour mill in a residential zone creating nuisance to the neighbors by way of sound pollution and also pollution caused by discharge of particles of chili and other substances grinded in the machines. On the said allegations, proceedings have been initiated against the petitioner by the respondents. Aggrieved by the same, the present writ petition is filed. - 3 - HC-KAR NC: 2026:KHC:18360 WP No. 16740 of 2025 2. The case of the petitioner is that, he is running the flour mill only after obtaining the necessary trade license and hence, the same cannot be objected to. 3. However, both the counsel for Bruhat Bengaluru Mahanagara Palike (BBMP), now Greater Bengaluru Authority (GBA) as well as the Karnataka State Pollution Control Board submit that, though a trade license has been issued in favour of the petitioner, he has failed to modernize the flour mill causing lot of noise pollution as well as air pollution to the residents and furthermore, the same is situated in residential zone and lot of complaints have been received from several residents in the area and hence, action has been initiated against the petitioner. 4. Further, learned counsel for respondent no.1-GBA submits that, what have been issued to the petitioner are only show cause notices asking him to show cause as to why action should not be initiated against his business in the light of the allegations made. He submits that pursuant to filing of the writ petition, GBA officials along with the Karnataka State Pollution Control Board officials visited the place and found the allegations made by the residents to be true. He also submits - 4 - HC-KAR NC: 2026:KHC:18360 WP No. 16740 of 2025 that if the petitioner were to modernize his machinery, it would be verified whether such an activity can be continued in the residential area and if no pollution is committed by the petitioner, then in that event no action will be taken against the petitioner. 5. As notices issued to the petitioner are only show cause notices, interest of justice would be met if petitioner is directed to appear before respondent no.1 and submit his reply and if a direction is issued to respondent no.1 to consider the reply of the petitioner and thereafter initiate appropriate action in accordance with law. 6. Hence, the following: ORDER (i) Petitioner shall submit a reply to the notices issued by respondent no.1 to him within a period of 15 days from today. (ii) Respondent no.1 shall consider the said reply provided the reply is submitted within a period of 15 days from today and pass appropriate orders in accordance with law. - 5 - HC-KAR NC: 2026:KHC:18360 WP No. 16740 of 2025 (iii) Respondent no.1 is also at liberty to hear all the parties concerned before passing such an order. (iv) Any action against the petitioner shall be initiated by GBA or the Karnataka State Pollution Control Board only after such an order is passed by respondent no.1-GBA. (v) The writ petition stands disposed of accordingly. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 15